Challenging daily fantasy’s definition on a state-by-state basis would be “extremely expensive and time-consuming,” explained I. Nelson Rose, a gaming law expert and professor at Whittier College.

But avoiding that process, according to Rose, likely would mean the industry throwing itself on the sword by accepting taxation.

“A targeted group like this could and should come out and say, ‘We want to be regulated, and we want to be taxed. We want that revenue to go to the states,’” Rose said. “What happens is the state governments are then no longer an enemy. They’re an ally.”